X is manufacturer of plastics moulding products and Y is buyer of X. Y is regular procuring goods from X. once a day Y approached X for a new products, X told to Y that for this producys we needed mould.
Y got agree with X and said that you have insfrastucture for production of mould, you (x) please make a mould for this products and shipped us the said mould with charging excise duties.
X produced mould for that product, and shipped on excise invoice and charged appropriate excise duty at the rate of 12.36 percent from Y and deposite the same and shown in ER-1.
Further Y Send the same mould to the X for further manufacturing of that products for which it was prepared on job work challan.
Excise Audit held and officer is asking duty on die cost. under valuaation act.
Please advice us.